Marshalling the Divisibility Defense to CERCLA Liability: Apportionment -- Is the Harm Distinguishable?
Defining Harm to Establish a Divisibility Defense to Liability and Apportion Costs
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will discuss how recent court decisions have addressed divisibility in CERCLA litigation. The panel will guide environmental counsel on when and how the divisibility of harm defense is appropriate and tactics to overcome challenges in proving divisibility.
- Divisibility defense under CERCLA
- Statutory language
- What the BNSF decision means for divisibility
- Section 113 equitable contribution vs. apportionment
- Technical approaches to divisibility
- Lessons learned from recent decisions
- Best practices
- Circumstances lending themselves to a divisibility defense
- Presenting a divisibility defense
The panel will review these and other priority issues:
- How are the federal courts applying the Burlington Northern decision in divisibility cases?
- What factual circumstances lend themselves to a divisibility defense?
- What steps can counsel take to overcome the challenging issues involved in proving divisibility?
- When should parties consider divisibility as opposed to equitable allocation?
William S. Hatfield
Mr. Hatfield focuses his practice on environmental counseling in complex regulatory and litigation matters, strategic... | Read More
Mr. Hatfield focuses his practice on environmental counseling in complex regulatory and litigation matters, strategic planning, permitting and compliance, defense of state and federal enforcement matters, environmental health and safety audits, and due diligence in acquisitions and divestitures. He represents clients in an array of environmental matters involving CERCLA, the RCRA, and the New Jersey Spill and Landfill Closure Acts. Mr. Hatfield works with environmental consultants and technical experts on the investigation and remediation of sediment sites and contaminated properties and has extensive experience helping clients navigate through complex disputes and transactions related to allocation of responsibility for cleanup and remedial activities.Close
Adam H. Love, Ph.D.
Vice President and Principal Scientist
Dr. Love leads the firm’s Litigation Practice Group and provides forensic litigation support and expert witness... | Read More
Dr. Love leads the firm’s Litigation Practice Group and provides forensic litigation support and expert witness services to clients throughout the U.S. on both environmental litigation and environmental insurance coverage related matters. Dr. Love’s experience includes strategic and technical analysis and guidance regarding numerous complex groundwater, soil, sediment, soil vapor and air contaminated sites. He has also provided expert technical guidance for state legislative actions and federal advisory panels on a range of traditional and non-traditional environmental hazards. Dr. Love’s expertise has been developed through a unique variety of university, federal and post-academia work, including developing leading-edge methods for addressing forensic questions related to weapons of mass destruction for the federal government.Close